Opinion
No. 97-03238.
Opinion filed September 22, 1999.
Appeal from the Circuit Court for Hillsborough County; Barbara Fleischer, Judge.
James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
Tony Bolden, Lake City, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Patricia A. McCarthy, Assistant Attorney General, Tampa, for Appellee.
In this appeal pursuant to Anders v. California, 386 U.S. 738 (1967), we find no error in the trial court's denial of Tony Bolden's claims that his trial counsel was ineffective. However, as the State points out, Bolden was improperly sentenced to twenty-five years' imprisonment for attempted robbery with a deadly weapon, a second degree felony punishable by a maximum of fifteen years. §§ 812.13(2)(a), 777.04(4)(d), 775.082(3)(c), Fla. Stat. (1993). Bolden's judgment incorrectly reflects that this offense is a first degree felony punishable by life.
Accordingly, we reverse Bolden's sentence for attempted robbery with a deadly weapon and remand for resentencing and correction of the judgment to reflect the proper degree of the offense. This case is affirmed in all other respects.
FULMER, A.C.J., and WHATLEY, J., and SCHEB, JOHN M., (SENIOR) JUDGE, Concur.